The appellant filed a suit HK/16/97 at the High Court Akamkpa Judicial Division wherein seats (sic) Hon. Justice S. A. Obi, against the respondent in respondent claiming the sum of N800, 000 being a sum due to the appellant in respect of a contract the respondent awarded to the appellant. An interim payment certificate No.6 (IPC) was purportedly issued to the appellant by a staff of the respondent. The respondent discovered that the said staff had no authority to issue the said Interim Payment Certificate No. 6 as the appellant did not perform the said contract according to the value and specification of the sum of N800, 000. The appellant relying on the said Interim Payment Certificate sued the respondent at the High Court Akamkpa Judicial Division where in sits Hon. Justice S. A. Obi, counsel for the respondent/defendant being misled by the said Interim Payment Certificate (IPC) No.6, agreed with the appellant that the appellant has the right to his claim and the Hon. Justice S. A. Obi, relying on the consent of the counsel for appellant and counsel for the respondent and also relying on the said Interim Payment Certificate No. 6, entered judgment for the appellant/plaintiff as claimed.

A Declaration that:-

"The defendant/respondent brought to the attention of counsel that the said respondent’s Interim Payment Certificate (IPC) No.6 was issued to the plaintiff/appellant without authority and the appellant exerted undue influence without performing the said contract to obtain the Interim Payment Certificate (IPC) No.6, in question. The defendant’s/respondent’s counsel accordingly applied by a motion on Notice and affidavit attached, to Hon. Justice S.A. obi who entered the consent judgment based on the misleading Interim Payment Certificate (IPC) No.6, to set aside the consent judgment which was obtained by fraud. The High Court granted the respondent’s prayer and set aside the judgment; the appellant then appealed to the Court of Appeal.”